Mr A McKenzie For the v Respondent — 2019

The case was adjourned to a new tribunal and Employment Judge sitting alone, listed for 8 and 9 June 2020 at Montague Court, because it could not be completed in the one day allocated. The tribunal identified three reasons for the adjournment: Mr McKenzie was listed in two cases at the same time, there was no agreed bundle, and the claimant's witness statement was not cross-referenced to either bundle.

The respondent had prepared a bundle of about 230 pages and the claimant a bundle of about 380 pages, with at least 150 pages not common between them. The claimant's application to adjourn was not opposed by Ms Banton, although she noted that an adjournment at that stage might lead to a costs application under Rule 76 of the Employment Tribunals Rules of Procedure 2013. The judge said any such issue was not to be determined at that hearing because there may have been fault on both sides.

The claimant's monetary claims in paragraph 9.2 of the claim form were not being pursued as separate claims for breach of contract or unlawful deduction from wages and were dismissed on withdrawal by the claimant. No substantive liability findings were made on the merits of the remaining claim issues in this judgment.